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SLP(C) 2685-2686/2015 etc.
IN THE SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal Nos. 5679-5680/2019
(arising out of SLP(C) Nos. 2685-2686/2015)
PRADEEP SINGH BISHT & ANR. Appellants
Civil Appeal Nos. 5679-5680/2019
(arising out of SLP(C) Nos. 2685-2686/2015)
PRADEEP SINGH BISHT & ANR. Appellants
VERSUS
STATE OF UTTARAKHAND THROUGH
CHIEF SECRETARY & ORS. Respondents
CHIEF SECRETARY & ORS. Respondents
WITH
Civil Appeal Nos. 5681-5682/2019
(arising out of SLP(C) Nos. 2733-2734/2015)
Civil Appeal Nos. 5683-5684/2019
(arising out of SLP(C) Nos. 2751-2752/2015)
Leave granted.
We have read and considered the order of the High
Court impugned in the present appeals.
We have heard learned counsels for the parties.
On due consideration, we find that the High Court in coming to the impugned conclusions and in directing for eviction of the appellants/removal of alleged encroachments, had arrived at conclusions not supported by the documents on record. Merely because the report of the
Advocate-Commissioners appointed by the Court had indicated that the appellants had raised unauthorised construction, the High Court could not have come to the impugned conclusions and issued directions as stated above. We are equally surprised that the Municipal
Corporation, which now support the order of the High
Court, did not take any action in the matter and did not exericse its power under the Statutes.
(arising out of SLP(C) Nos. 2733-2734/2015)
Civil Appeal Nos. 5683-5684/2019
(arising out of SLP(C) Nos. 2751-2752/2015)
Leave granted.
We have read and considered the order of the High
Court impugned in the present appeals.
We have heard learned counsels for the parties.
On due consideration, we find that the High Court in coming to the impugned conclusions and in directing for eviction of the appellants/removal of alleged encroachments, had arrived at conclusions not supported by the documents on record. Merely because the report of the
Advocate-Commissioners appointed by the Court had indicated that the appellants had raised unauthorised construction, the High Court could not have come to the impugned conclusions and issued directions as stated above. We are equally surprised that the Municipal
Corporation, which now support the order of the High
Court, did not take any action in the matter and did not exericse its power under the Statutes.
2019 INSC 779
In the above circumstances, we allow the appeals set aside the order of the High Court and grant liberty to the
Municipal Corporation to proceed in accordance with law, if so advised. ....................CJI
[Ranjan Gogoi] .....................J.
[Deepak Gupta] .....................J.
[Aniruddha Bose]
New Delhi;
July 19, 2019.
Municipal Corporation to proceed in accordance with law, if so advised. ....................CJI
[Ranjan Gogoi] .....................J.
[Deepak Gupta] .....................J.
[Aniruddha Bose]
New Delhi;
July 19, 2019.
ITEM NO.60 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) Nos. 2685-2686/2015
(Arising out of impugned final
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) Nos. 2685-2686/2015
(Arising out of impugned final
ORDER
and order dated 15-01-2015 in CLMA Nos. 11205/2014 and 11206/2014 and CWP No. 31/2012 passed by the High Court Of Uttarakhand At Nainital)
PRADEEP SINGH BISHT & ANR. Petitioners
PRADEEP SINGH BISHT & ANR. Petitioners
VERSUS
STATE OF UTTARAKHAND THROUGH
CHIEF SECRETARY & ORS. Respondents
(IA No. 3/2015 - INTERVENTION APPLICATION)
CHIEF SECRETARY & ORS. Respondents
(IA No. 3/2015 - INTERVENTION APPLICATION)
WITH
SLP(C) Nos. 2733-2734/2015 (X)
SLP(C) Nos. 2751-2752/2015 (X)
(APP FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 3/2015)
SLP(C) Nos. 2751-2752/2015 (X)
(APP FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 3/2015)
Date : 19-07-2019 This matter was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
For Petitioner
Ms. Ruchira Gupta, Adv.
Ms. Mona Sinha, Adv.
Mr. Shishir Deshpande, AOR
Ms. Shashi Kiran, AOR
Dr. Satish Chandra, Adv.
Mr. Arjun Sain, Adv.
Mr. Manoj Jain, Adv.
Mr. Prabhoo Dayal Tiwari, Adv.
Ms. Surbhi Mehta, AOR
For Respondent
Mr. Bahar U. Barqui, Adv.
Mr. Aftab Ali Khan, AOR
Mr. M.Z. Chaudhary, Adv.
Mr. Arvind Kumar Kanva, Adv.
Mr. Syed Mohammed Aatif, Adv.
Mr. Ali Safeer Farooqi, Adv.
HON'BLE MR. JUSTICE DEEPAK GUPTA
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
For Petitioner
Ms. Ruchira Gupta, Adv.
Ms. Mona Sinha, Adv.
Mr. Shishir Deshpande, AOR
Ms. Shashi Kiran, AOR
Dr. Satish Chandra, Adv.
Mr. Arjun Sain, Adv.
Mr. Manoj Jain, Adv.
Mr. Prabhoo Dayal Tiwari, Adv.
Ms. Surbhi Mehta, AOR
For Respondent
Mr. Bahar U. Barqui, Adv.
Mr. Aftab Ali Khan, AOR
Mr. M.Z. Chaudhary, Adv.
Mr. Arvind Kumar Kanva, Adv.
Mr. Syed Mohammed Aatif, Adv.
Mr. Ali Safeer Farooqi, Adv.
Mr. Syed Imtiaz Ali, Adv.
Mr. Gopal Jha, Adv.
Mr. M. Rambabu, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Manish Kumar, Adv.
Ms. Divya Roy, AOR
Mr. Abhishek Atrey, AOR
Mr. Jatinder Kumar Bhatia, AOR
Mr. Tanmaya Agarwal, Adv.
Mr. Rahul Kaushik, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals are allowed in terms of the signed order.
Pending interlocutory applications, if any, shall stand disposed of.
(Deepak Guglani) (Anand Prakash)
Mr. Gopal Jha, Adv.
Mr. M. Rambabu, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Manish Kumar, Adv.
Ms. Divya Roy, AOR
Mr. Abhishek Atrey, AOR
Mr. Jatinder Kumar Bhatia, AOR
Mr. Tanmaya Agarwal, Adv.
Mr. Rahul Kaushik, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeals are allowed in terms of the signed order.
Pending interlocutory applications, if any, shall stand disposed of.
(Deepak Guglani) (Anand Prakash)
(signed order is placed on the file)